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Intoxication Law and Legal Definition

Intoxication is defined by state law, which varies by state, for purposes
of defining drunk driving, driving while intoxicated, or driving under
the influence laws. It is the condition of being drunk as the result of
drinking alcoholic beverages and/or use of narcotics. The legal standard
of intoxication as it applies to drunk driving (DUI, DWI) varies by state
between .08 and .10 alcohol in the bloodstream, or a combination of alcohol
and narcotics which would produce the same effect even though the amount
of alcohol is below the minimum.

Intoxication is defined by a more subjective standard for purposes of
determining public drunkenness. Public intoxication means the person must
be unable to care for himself, be dangerous to himself or others, be causing
a disturbance or refuse to leave or move along when requested. Intoxication
may be a defense in a criminal case in which the claim is made by the defendant
that he/she was too intoxicated to form an intent to commit the crime or
to know what he/she was doing. Unintentional intoxication can possibly
reduce the possible level of conviction and punishment for crimes in which
criminal intent is a necessary element of the crime, such as reducing voluntary
manslaughter down to involuntary manslaughter.